Flashmedia Driver Software License Agreement (Version 1 as of 27 March 2006) IMPORTANT - PLEASE READ THE FOLLOWING LICENSE AGREEMENT

CAREFULLY. THIS IS A LE GALLY BINDING AGREEMENT. AFTER YOU READ THIS LICENSE AGREEMENT, YOU WILL BE ASK ED WHETHER YOU ACCEPT AND AGREE TO THE TERMS OF THIS LICENSE AGREEMENT. DO NOT CLICK "I HAVE READ AND AGREE" UNLESS: (1) YOU ARE AUTHORIZED TO ACCEPT AND AGRE E TO THE TERMS OF THIS LICENSE AGREEMENT ON BEHALF OF (I) IN THE CASE OF AN INDI VIDUAL, YOURSELF AND (II) IN THE CASE OF AN ENTITY, YOURSELF AND YOUR COMPANY; A ND (2) YOU INTEND TO ENTER INTO AND TO BE BOUND BY THE TERMS OF THIS LEGALLY BIN DING AGREEMENT ON BEHALF OF (I) IN THE CASE OF AN INDIVIDUAL, YOURSELF AND (II) IN THE CASE OF AN ENTITY, YOURSELF AND YOUR COMPANY. Important - Read carefully: This Flashmedia driver software license agreement (" Agreement") is a legal agreement between you (either an individual or entity) an d Texas Instruments Incorporated ("TI"). The "Licensed Materials" subject to th is Agreement include the software programs TI has granted you access to download and any "on-line" or electronic documentation associated with these programs, o r any portion thereof, as well as any updates or upgrades to such software progr ams and documentation, if any, or any portion thereof, provided to you at TI's s ole discretion. The Licensed Materials are specifically designed and licensed t o enable the use of Flashmedia with a system that incorporates PCI devices manuf actured by or for TI ("TI Devices"). By installing, copying or otherwise using the Licensed Materials you agree to abide by the following provisions. This Agr eement is displayed for you to read prior to using the Licensed Materials. If y ou choose not to accept or agree with these provisions, do not download or insta ll the Licensed Materials. 1. License Grant and Use Restrictions. a. Limited Object Code License. Subject to the terms of this Agreement, TI hereby grants to you a non-exclusive, non-transferable, non-assignable, non-sub licensable worldwide license to make copies and use internally the Licensed Mate rials for the sole purpose of enabling the use of Flashmedia (such as Memorystic k, Memorystick Pro, Multimedia Card, Secure Digital, Smartmedia, SDIO and XD) in Your Products. For purposes of this Agreement, "Your Product" means a product that (i) consists of both hardware and software components, including executable only versions of the Licensed Materials, or any derivative thereof, that execut e solely and exclusively in conjunction with TI Devices and not on devices manuf actured by or for an entity other than TI, (ii) uses Flashmedia; and (iii) is so ld by or for you bearing your brand name and part number. b. Distribution License. Subject to the terms of this Agreement, TI hereby grants to you a non-exclusive, non-transferable, non-assignable, non-sublicensa ble worldwide license to make, use, sell, offer to sell, import, export and othe rwise distribute executable copies of the Licensed Materials to end-users of You r Products solely for use in conjunction with Your Products, provided that (i) s uch executable copies of the Licensed Materials execute solely and exclusively w ith TI Devices and (ii) you distribute such Licensed Materials pursuant to an en forceable written or "clickwrap" license agreement, with terms and conditions no less restrictive than the terms and conditions of this Agreement, and that incl udes a covenant that prohibits the end-user of Your Products from distributing t he Licensed Materials to any person for any purpose other than to install and us e such Licensed Materials on Your Product with which such Licensed Materials wer e received; and which license requires each end-user to sign or, if applicable, click "I have read and agree" prior to downloading or installing the Licensed Ma terials. c. Limited License to TI and Covenant not to Sue. Continuing for the term

o r (z) be otherwise used or distributed in a manner contrary to the terms and con ditions of this Agreement. You may ter minate this Agreement at any time by written notice to TI. to be subject to all or part of the license obligations or other intellectual property relate d terms with respect to such Public Software. or distributed with such Public Software (x) be disclosed or di stributed in source code form. the obligations that the Licensed Materials. The Licensed Materials are licensed.g. No Other License. you will not sublicense. (I) IBM Public Licens e.of this Agreement. (F) the Sun Industry Standards Source License (SISL). Termination. or any modifica tion or derivative thereof. impo rt. TO ANY OTHER TI INTELLECTUAL PROPERTY RIGHTS IS GRANTED H EREIN. or assign the Licensed Materials or your rights under this Agreement to any third party. (H) QT Free Edition License. You covenant not t o sue or otherwise assert Derived Patents against TI and TI's affiliates and the ir licensees of the Licensed Materials. you hereby grant to TI under any of your patents embodied in the Licensed Materials a non-transferable. For purposes of this Agreement. (y) be used with devices other than TI Devices. including but not limited to software li censed under the following or similar models: (A) GNU's General Public License (GPL) or Lesser/Library GPL (LGPL). use. non-exclusive. sell. d. non-assignable. You shall not use the Licensed Materials. 2. and you agree that any such unauthorized use of the License d Materials is a material breach of this Agreement. or any derivative thereof. TI ma y terminate your right to use the Licensed Materials. NO OTHER LICENSE. and any applications generated using the Licensed Materials. custody or control and provide to TI a written statement signed by your auth orized representative certifying such destruction. "Public Software" mean s any software that contains. be licensed for the purpose of making derivatives of such software. e. This Agreement is effective until terminated. f. Except as otherwise express ly provided in this Agreement. Restrictions. EXCEPT AS PROVIDED HEREIN. you will destroy any and all copie s of the Licensed Materials. combine. a nd derived by you from your access to the Licensed Materials. with a processing device manufactured by or for an e ntity other than TI. or any derivative thereof. You shall not (i) incorporate. Without prejudice to any other rights.. (B) the Artistic License (e. with any Public Software. "Derived Patents" me ans any of your patents issuing from a patent application that discloses and cla ims an invention conceived of by you after delivery of the Licensed Materials. Upon termination of this Agreement. worldw ide. or distribute the Licensed Materials. (D) the Netscape Public License. export and otherwise distribute such Licensed Materials. each in such a way t hat would cause the Licensed Materials. and (J) BitKeeper. fully paid-up. any softwa re distributed as open source software. nothing in this Agreement shall be construed as a license to any intellectual property righ ts of TI other than those rights embodied in the Licensed Materials provided to you by TI. not sold . if you fail to comply with the terms of this Agreement. Notwithstanding anything to the contrary. contrary to the terms and conditions of this Agreement. or any derivative thereof. or be redistributed free of charge. BY ESTOPPEL OR OTHERWISE. (C) t he Mozilla Public License. in your possessi on. incorporated into. you shall require as a condition of any such assignment that the assignee agr ee to be bound by the provisions in this Section 1(d) with respect to such Deriv ed Patent. royalty-free license to make. Any attempted assignment or transfer in violation of this Section 1( d) shall be null and void. or any derivative thereof. or any derivative thereof. (E) the Sun Communit y Source License (SCSL). Licensed Materials Ownership. transfer. combined. or (ii) use Public Software in th e development of any derivatives of the Licensed Materials. or is derived in whole or in part from. EXPRESS OR IMPLIED. offer to sell. including but not limited to. As used in this Section 1(f). ( G) the Apache Server license. including any derivatives thereof. In the event you assign a Derived Paten t. PERL).

To protect TI's and i ts licensors' rights in the Licensed Materials you agree not to "unlock". title and interest in and to such fixes. patent. and can only be used in accordance with the terms of this Agreement. You agree to use the Licensed Materials. except as may be necessary and r equired in connection with your rights and obligations hereunder. to employ reason able security precautions to maintain such trade secrets and confidential inform ation in strict confidence. and trade secret laws. or any derivative thereof. or any derivative thereof. embodied in such resulting combine d work shall remain subject to the terms and conditions of this Agreement. XD and Smartmedia standards. You acknowledge and agree that th is Agreement does not convey a license to any such third party patents. modifications or improvements to the Licensed Ma terials will vest solely in TI. Su bject to the licenses granted to you pursuant to this Agreement. your right to use the L icensed Materials. The Licensed Materials contain copyrighted mat erial. cover. contain trade secrets and other confidential in formation of TI. decomp ile. and softwar e programs published by industry recognized standards bodies and certain third p arties claim to own patents. in whole or in part. copyright. international copyright treaties. pr oprietary. or any derivative the reof. 3. TI . solely within the scope of the licenses set forth herein. TI and its lice nsors own and shall continue to own all right. copyrights.to you. Warranties and Limitations. You acknowledge and agree that the Licensed Materi als. modifications and improvements to the Licensed Materials conceived of or m ade by TI that are based. your right to use any and all derivati ves of the Licensed Materials shall remain subject to the terms and conditions o f this Agreement. or any derivative ther eof. as well as other intellectual property laws. title. trade secrets and other proprietary information of TI and its licensors a nd are protected by copyright laws. with the Licensed Materials. and other intellectual property rights and that you are solely responsible f or any patent. trade secret. Confidential Information. to any third party. disassemble or otherwise translate any such object code p ortions of the Licensed Materials to a human-perceivable form nor to permit any person or entity to do so. you acknowledge and agree that when your independen tly developed software or hardware components are combined. or copyright notices. You shall not remove. and interest in and to the Licensed Materials. suggesti ons or recommendations are the exclusive property of TI and all right. trade-marks. The Licensed Materials are based on industry recognized standards. or other intellectual property right claims that relat e to your use and distribution of the Licensed Materials. either in whole or in part. 5. SD/MMC. You agree to obtain executed confidentiality agreements with your employees having access to the Licensed Materials. or other identifying marks or designs from any component of t he Licensed Materials and you shall reproduce and include in all copies of the L icensed Materials the copyright notice(s) and proprietary legend(s) of TI and it s licensors as they appear in the Licensed Materials. alter. including spe cifically the Sony MemoryStick. You acknowledge and agree that regardless of th e changes made to the Licensed Materials. or any derivative thereof. and your use and distribution of Your Products that include or incorporate the Licensed Materials. Intellectual Property Rights. The parties agree that all f ixes. and to diligently take steps to enforce such agreements in this respect. including all copies thereof. or any derivative thereof. on your feedback. Moreover. and any derivative thereof. proprietary. THE LICENSED MATERIALS ARE PROVIDED "AS IS". TI reserves all rights no t specifically granted under this Agreement. TI may disclose your contact information to TI's applicable lic ensors. 4. and to prevent disclosure of the Licensed Materials. reverse engineer. copyrigh ts. or any derivative thereof. TI agrees that the employment agree ments used in the normal course of your business shall satisfy the requirements of this section. and other intellectual property rights that cover implementation of those standards. or obscure any c onfidentiality.

without reference to c onflict of laws principles. OR DISTRIBUTION OF THE LICENSED MATERIALS. INCIDENTAL. BE LIABLE FOR ANY SPECIAL. any tec hnology. EXCEED THE GREATER OF FIVE HUNDRED U.S. You hereby acknowledge that the Licensed Materials are subje ct to export control under the U. Export Control. neither you nor yo ur customers will export. TI is under no obligation to install. OR ANY APPLICABLE LICENSOR. IN NO EVENT SHALL TI. INCLUDING BUT NOT LIMITED TO.S. Iraq. received from TI. SALE. or software source code. Commerce Department's Export Administration Regulations ("EAR"). IMPORTATION OR DISTRIBUTION OF YOUR PRODUCTS THAT INCLUDE OR INCORPORATE THE LICENSED MATERIALS. directly or indirectly. Government by regulation or specific license. or (ii) to anyone on the U. LOSS OF SAVINGS. COPYRIGHTS. REGARDLESS OF WHETHER TI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ON ANY THE ORY OF LIABILITY. Governing Law and Severability. to any destination or country to which the export. DOLLARS (U S$500) OR THE FEES PAID TO TI BY YOU FOR THE LICENSED MATERIALS UNDER THIS AGREE MENT. TRADE SECRETS OR OTHER INTELLECTUAL PROPER TY RIGHTS. OR LOSS OF USE OR INTERRUPTION OF BUSINESS. REGA RDING THE LICENSED MATERIALS. re-export.MAKES NO WARRANTY OR REPRESENTATION. chemical or biological weapons. software. LOSS OF PROFITS. EXCLUDED DAMAGES INCLUDE. software. IN NO EVENT WILL TI'S AGGREGATE LI ABILITY UNDER THIS AGREEMENT OR ARISING OUT OF YOUR USE OF THE LICENSED MATERIAL S.S . software. PUNITIVE OR CONSEQUENTIAL DAMAGES. LOSS OF GOODWILL. directly or indirectly.S. OR YOUR MANUFACTURE. 7. No Technical Support. IMPLIED OR STATUTORY. YOU AGREE TO USE YOUR INDEPENDENT JUDGMENT IN DEVELOPING YOUR PRODUC TS AND DERIVATIVES OF THE LICENSED MATERIALS. OUTSIDE COMPUTER TIME . USE. HOWEVER CAUSED. or a national or resident of any such country or on any suc h list and you will not use or transfer the Licensed Materials for use in any se nsitive nuclear. This Agreement will be governed by and inter preted in accordance with the laws of the State of Texas. 8. IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR THE USE OF THE LICENSED MATERIALS. 6. OR ANY DERIVATIVE THEREOF. LABOR COSTS. the above limitations or exclusions may not apply to you. OR ANY DERIVATIVE THEREOF. Indemnification Disclaimer.S. re-export. If for any reason a court of competent jurisdiction finds any provision of the Agreement to be unenforceable. or release. that provision will b e enforced to the maximum extent possible to effectuate the intent of the partie . or missile technology end-uses unless authorized by the U. COST OF REMOVAL OR REINSTALLATION. OFFER FOR SALE. Commerce Department. OR ANY DERIVATIVE THEREOF. has embargoed goods. YOU ACKNOWLEDGE AND AGREE THAT TI SHALL NOT BE L IABLE FOR AND SHALL NOT DEFEND OR INDEMNIFY YOU AGAINST ANY THIRD PARTY INFRINGE MENT CLAIM THAT RELATES TO OR IS BASED ON YOUR MANUFACTURE. You represent and warrant that you are not located in.S. any direct product of such technology. Commerce Department's Denied Perso n List or Entity List. maintain or supp ort the Licensed Materials. u nder the control of. You agree that none of the Licensed Materials may be downloaded o r otherwise exported or reexported (i) into (or to a national or resident of) Cu ba. You further hereby acknowledge and agree that unless prior authorization is obtained from the U. LOSS OF DATA. 9. or software source code (as defined in Part 734 of the EAR ). or export. North Korea. IND IRECT. EITHER EXPRESS. or release of t he technology. Libya. Because some jurisdictions do not allow the exclusion or limitation of i ncidental or consequential damages or limitation on how long an implied warranty lasts. or software source code (as defined in Part 772 of the EAR). Treasury Department's List of Specially Designated Nationals or the U. Sudan and Syria or any other country the U. OR ANY DERIVATIVE THEREOF. ANY IMPLIED WARRANTI ES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY THIRD PARTY PATENTS. Iran. USE.S. or direct product is prohibite d by the EAR. BUT ARE NOT LIMITED TO.

You hereby warrant and represent that you have obtained all authorizations and o ther applicable consents required empowering you to enter into this Agreement.s. This is the entire Agreement between you and TI and super sedes any prior agreement between the parties related to the subject matter of t his Agreement. any judgment may be enforced in any United States or foreign court. or by the Uniform Computer Information T ransactions Act (UCITA). and the remainder of the Agreement shall continue in full force and effect. Notwithstanding the foregoing. No amendment or modification of this Agreement will be eff ective unless in writing and signed by a duly authorized representative of TI. 10. and either party may seek inj unctive relief in any United States or foreign court. Entire Agreement. This Agreement shall not be governed by the United Nations Convention on Contrac ts for the International Sale of Goods. . any signed and effective software license agreement relating to the subject matter hereof will supersede the term s of this Agreement. The parties agree that non-exclusive jurisdiction for any dispute arising out of or relating to this Agreement lies within the courts located in the State of Texas. Notwithstanding the foregoing.

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